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2009 Ordinances
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2009 Ordinances
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<br />Local School Bond under Sections 54A and 54F of the Tax Code, at the redemption prices and <br />upon the other terms set forth in the Local School Bond. <br /> <br />9. Execution of the Local School Bond. The Mayor or Vice Mayor and the Clerk <br />or any Deputy Clerk of the Council are authorized and directed to execute and deliver the Local <br />School Bond and to affix the seal of the City thereto. <br /> <br />10. Pled2e of Full Faith and Credit. For the prompt payment of the principal of and <br />interest, if any, and premium, if any, on the Local School Bond as the same shall become due, <br />the full faith and credit of the City are hereby irrevocably pledged, and in each year while any of <br />the Local School Bond shall be outstanding there shall be levied and collected in accordance <br />with law an annual ad valorem tax upon all taxable property in the City subject to local taxation <br />sufficient in amount to provide for the payment of the principal of and interest, if any, and <br />premium, if any, on the Local School Bond as such principal, interest, if any, and premium, if <br />any, shall become due, which tax shall be without limitation as to rate or amount and in addition <br />to all other taxes authorized to be levied in the City to the extent other funds of the City are not <br />lawfully available and appropriated for such purpose. <br /> <br />11. Use of Proceeds Certificate and Tax Compliance A2reement. The Mayor, the <br />City Manager and such other officer or officers of the City as either may designate are hereby <br />authorized and directed to execute and deliver on behalf of the City a Use of Proceeds Certificate <br />and Tax Compliance Agreement (the "Tax Compliance Agreement") setting forth the expected <br />use and investment of the proceeds of the Local School Bond and containing such covenants as <br />may be necessary in order to show the compliance of the VPSA Bonds with the provisions of the <br />Tax Code and applicable regulations relating to the qualification of the VPSA Bonds as <br />"qualified tax credit bonds" and "qualified school construction bonds" under Sections 54A and <br />54F of the Tax Code. The Council covenants on behalf of the City that (i) the proceeds from the <br />issuance and sale of the Local School Bond will be invested and expended as set forth in the Tax <br />Compliance Agreement and that the City shall comply with the other covenants and <br />representations contained therein and (ii) the City shall comply with the provisions of the Tax <br />Code so that the VPSA Bonds will not lose their status as "qualified tax credit bonds" and <br />"qualified school construction bonds" under Sections 54A and 54F of the Code. <br /> <br />12. State Non-Arbitra2e Pro2ram; Proceeds A2reement. The Council hereby <br />determines that it is in the best interests of the City to authorize and direct the City Treasurer to <br />participate in the State Non-Arbitrage Program in connection with the Local School Bond. The <br />Mayor, the City Manager and such officer or officers of the City as either may designate are <br />hereby authorized and directed to execute and deliver a Proceeds Agreement with respect to the <br />deposit and investment of proceeds of the Local School Bond by and among the City, the other <br />participants in the sale of the VPSA Bonds, VPSA, the investment manager and the depository, <br />substantially in the form submitted to the Council at this meeting, which form is hereby <br />approved. <br /> <br />13. Continuin2 Disclosure A2reement. The Mayor, the City Manager and such <br />other officer or officers of the City as either may designate are hereby authorized and directed to <br />execute a Continuing Disclosure Agreement, as set forth in Appendix F to the Bond Sale <br /> <br />4 <br />
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